# 3D - OPS

3D
- OPS johncarey8899@comcast.net 916
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- 5695 Three Dimensional
- Observation Platform Systems
Federal Aviation Administration US Department of Transportation Docket Management System 1200 New Jersey Ave. S.E Washington, DC 20590
To Whom It May Concern: This application is being submitted on my own behalf. Pursuant to Section 333 of the FAA Modernization and Reform Act of 2012 (the Reform Act) and 14 C.F.R. Part 11, 3D

- OPS, hereby seeks and applies for an exemption to the Federal Aviati on Regulations (FARs) to allow 3D

- OPS to operate Unmanned Aircraft Systems (UAS) commercially in airspace regulated by the Federal Aviation Administration (FAA) under the conditions and limitations set forth in this petition or as may be established by the FAA as required by Section 333.1. The requested exemption would permit 3D

- OPS to operate UAS for the purpose of providing:

 Aerial photography and/or video for public and/or private use including real estate, architecture, land surveying, engineering, construction and other related profession al activities;
 Aerial video and/or photography for public and/or private use including television, public events, cinematography and news gatherings;
 Aerial inspection/photography of residential/commercial structures, either existing or under construction, under contract with the owners or local government authority;
 Aerial inspection/photography of residential/commercial utility and transportation infrastructure included but not limited to electrical power lines, wind turbines, rail tracks, and cell towers;  Aerial video/photography or providing live video feed to assist with law enforcement operations, rescue and recovery operations, or cases of an emergency or natural disaster when local authorities or government has requested support with the proper authority;
 The ability to offer training to persons or individuals belonging to both private and/or public organizations that have interests in the use and application of UAS for the purpose of the safe operation of a UAS to enhance the safety of national aerospace system (NAS) as well as for protection of the persons and property.

# 3D - OPS

3D
- OPS johncarey8899@comcast.net 916
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- 5695 Three Dimensional
- Observation Platform Systems As described more fully below, the requested exemption w ill be subject to strict operating requirements and conditions to ensure at least an equivalent level and safety to cur rently authorized operations using manned aircraft and under the conditions as may be modified by the FAA as required by section 333. Approval of this exemption would thereby enhance safety and fulfill the Secretary of Transportation’s (the FAA Administr ator’s) responsibilities to “...establish requirements for the safe operation of such aircraft systems in the national airspace system.” Section 333(c) of the Reform Act. The name and address of the applicant is: 3D

- OPS Contact: John Carey 8800 Creekstone C ircle Roseville, CA 95747 916

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- 5695 Regulations from which the exemption is requested: 14 CFR 61.113 (a) & (b) 14 CFR 91.9 (b) (2) 14 C.F.R. 91.103 14 C.F. R. 91.119 14 C.F.R. 91.121 14 CFR 91.151 (a) 14 CFR 91.405 (a) 14 CFR 407 (a) (1) 14 CFR 409 (a) (2) 14 CFR 417 (a) & (b) This exemption application is expressly submitted to fulfill Congress’ goal in passing Section 333(a) through (c) of the Reform Act. This law directs the Secretary of Transportation to consider whether certain unmanned aircraft systems may operate safely in the national airspace system (NAS) before completion of the rulemaking required under Section 332 of the Reform Act. In making this determination, the Secretary is required under Reform Act § 333(b) to determine which types of UASs do not create a hazard to users of the NAS or the public or pose a threat to national security in light of the following:

• The UAS’s size, weight, speed, and operational capability; • Operation of the UAS in close proximity to airports and populated areas; and • Operation of the UAS within visual line of sight of the operator. Lastly, if the Secretary determines under Reform Act § 333(c) that such vehicles “may operate safely in th e national airspace system, the Secretary shall establish requirements for the safe operation of such aircraft in the national airspace system.” The Federal Aviation Act expressly grants the FAA the authority to issue exemptions. This statutory authority by its terms includes exempting civil aircraft, as the term is defined under §40101 of the Act, that includes sUASs, from the requirement that all civil aircraft must have a current airworthiness certificate.

# 3D - OPS

3D
- OPS johncarey8899@comcast.net 916
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- 5695 Three Dimensional
- Observation Platform Systems Applicant interprets this provision to place t he duty on the Administrator to not only process applications for exemptions under section 333, but for the Administrator to craft conditions for the safe operation of the UAS, if it should be determined that the conditions set forth herein do not fulfill the statutory requirements for approval. The Administrator may grant an exemption from a requirement of a regulation prescribed under subsection (a) or (b) of this section or any sections 44702

-44716 of this title if the Administrator finds the exemption in the public interest. 49 U.S.C. §44701(f) See also 49 USC §44711(a); 49 USC §44704; 14 CFR §91.203 (a) (1). The primary vehicle to be used will be the DJI Inspire . While vehicles may be upgraded as new technological and safety advanced occur the bar for operation and safety will be set by DJI Inspire and any new vehicles or versions will exceed the current safety and operational sta ndards. No vehicle operated by 3D

- OPS will be modified from the manufacturers design unless specifically directed by the same manufacturer. Brief explanation of the DJI Inspire based on data provided from manufacturer : The Inspire is a small UAS manufactured by DJI headquartered in Shenzen, China. The Inspire is a four rotor UAS using four brushless motors to provide lift with four 13 inch rotor blades . The motors are controlled by four electronic speed controllers (ESC) with sinusoidal drive and are specifically tuned for the Inspire config uration with distinct functional redundancy. The Inspire is p owered by an integrated Li

- Po battery that is monitored and controlled by an Intelligent Power Management System which provides data to the PIC with remaining flight time, distance to return hom e, and estimated time to return home. The Inspire uses dual positioning with intelligent GLONASS + GPS for positioning data. The main controller uses an Inertial Measurement Unit (IMU) with a 6

- axis gyroscope and accelerometer to monitor miniscule change s in tilt and movement, thus allowing the UAS to compensate and adjust immediately holding position at all times. Failsafe functions built

- in puts the Inspire on autopilot when needed if the battery runs low or communication with the PIC is lost and retur ns the Inspire to the recorded “home position” at time of launch. On screen data available to the PIC includes but not limited to: location map, first person video (FPV), number of satellites accessible, height from ground (redundant sensors), horizontal d istance from PIC, horizontal speed, vertical speed, battery percent remaining, flight time remaining, time to return home, camera controls, and communication status between remote controller and aircraft. Specs: Weight

– 6.47 pounds including battery. Max horizontal speed

– 49.2 MPH Max flight time

- ~18 minutes. Dimensions
– 1.4 x 1.5 x .99 feet

# 3D - OPS

3D
- OPS johncarey8899@comcast.net 916
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- 5695 Three Dimensional
- Observation Platform Systems Given the small size and weight of our UASs, the applicant falls squarely within that zone of safety (an equivalent level of safety) in which Congress envisioned that the FAA must, by exemption, allow commercial operations of UASs to commence immediately. Also due to the size of the UASs and the restricted areas in which the relevant UASs will operate, approval of the application presents no national security issue . Given the clear direction in Section 333 of the Reform Act, the authority contained in the Federal Aviation Act, as amended; the strong equivalent level of safety surrounding the proposed operations, and the significant public benefit, including enhanced safety, reduction in environmental impacts, including reduced emissions associated with allowing UASs for photography, the grant of the requested exemptions is in the public interest. Accordingly, the applicant respectfully requests that the FAA grant the requested exemption without delay. AIRCRAFT AND EQUIVALENT LEVEL OF SAFETY The applicant proposes that the exemption requested herein apply to civil aircraft that have the characteristics and that operate with the limitations listed herein. Such o perations will insure that the UAS will “not create a hazard to users of the national airspace system or the public.” These limitations provide for at least an equivalent or even higher level of safety to operations under the current regulatory structure b ecause the proposed operations represent a safety enhancement to the already safe filming operations conducted with conventional aircraft. These limitations and conditions to which 3D

- OPS agrees to be bound when conducting commercial operations under an FAA issued exemption include: 1. The UAS will weigh less than 5 5 lbs.; 2. Flights will be operated within line of sight of the pilot in command and/or observer; 3. The UAS will have a maximum operating speed of no more than 100 mph ; 4. Maximum flight time for each op erational flight will be 30 minutes. Flights will be terminated at 25% battery power reserve or 30 minutes of flight time whichever occurs first ; 5. Flights will be operated at altitude of no more than 4 00 feet AGL or no more than 200 feet above an equivalent platfor m from which filming is planned; 6. UAS Pilot will be Pilot in Command (PIC) 7. Minimum crew for each operation will consist of the UAS PIC and a visual ob server ( VO), the latter of which may serve as camera operator; 8. The UAS pilot designated as PIC will have completed the manufacturers authorized training/tutorial program, demonstrate proficiency operating specific UAS being used, and will possess a current State Driver’s License; 9. No changes to PIC will be made from the time that pre -flight is to be performed through the landing of a given flight;

# 3D - OPS

3D
- OPS johncarey8899@comcast.net 916
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- 5695 Three Dimensional
- Observation Platform Systems

10. A briefing will be performed between no less than the PIC and VO regarding the planned UAS operations prior to each day’s flight consisting of all days activities ; 11. All flights will occur u nder visual flight rules meteo rological conditions (VFR only); 12. The PIC and VO will have been trained in operation of UAS and receive up

-to
- date information for the particular UAS to be operated; 13. The PIC and VO will be able to communicate by voice at all ti mes; 14. If the UAS loses communications with the remote controller or lo ses GPS signal, the UAS will have the capability to return to a pre

- determined location within a designated location and land; 15. The UAS will have the capability to abort a flight in case of unpredicted obstacles or em ergencies; 16. PIC will set the UAS to automatically return home in event PIC is incapacitated. As of March 23, 2015, the FAA will automatically grant a "blanket" COA for flights at or below 200 feet to any UAS operator with a Section 333 exemption, provided the aircraft weighs less than 55 pounds, operations are conducted during daytime Visual Flight Rules (VFR) conditions and within visual line of sight (VLOS) of the PIC, and stay certain distances away from airports or heliports

. 14 C.F.R. Part 21, Subpart H: Airworthiness Certificates 14 C.F.R. §91.203 (a) (1) Subpart H, entitled Airworthiness Certificates, establishes the procedural requirements for the issuance of airworthiness certificates as required by FAR §91.203 (a) (1). Given the size and limited operating area associated with the aircraft to be utilized by the Applicant, an exemption from Part 21 Subpart H meets the requirements of an equivalent level of safety under Part 11 and Section 333 of the Reform Act. The Federa l Aviation Act (49 U.S.C.§44701 (f)) and Section 333 of the Reform Act both authorize the FAA to exempt aircraft from the requirement for an airworthiness certificate, upon consideration of the size, weight, speed, operational capability, and proximity to airports and populated areas of the particular UAS. In all cases, an analysis of these criteria demonstrates that the UAS operated without an airworthiness certificate, in the restricted environment and under the conditions proposed will be at least as safe, or safer, than a conventional aircraft (fixed wing or rotorcraft) operating with an airworthiness certificate without the restrictions and conditions proposed. The UAS to be operated hereunder is less than 5 5 lbs. fully loaded, carries neither a pilot nor passenger, carries no explosive materials or flammable liquid fuels, and operates exclusively within a secured area. Unlike other civil aircraft, operations under this exemption will be tightly controlled and monitored by the operator. These safety enhancements provide a greater degree of safety to the public and property owners than conventional operations conducted with airworthiness certificates issued under 14 C.F.R. Part 21, Subpart H.

# 3D - OPS

3D
- OPS johncarey8899@comcast.net 916
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- 5695 Three Dimensional
- Observation Platform Systems Lastly, applicati on of these same criteria demonstrates that there is no credible threat to national security posed by the UAS, due to its size, speed of operation, location of operation, lack of explosive materials or flammable liquid fuels, and inability to carry a subst antial external load. 14 C.F.R. § 45.23 (b). Marking of the Aircraft. The regulation requires: When marks include only the Roman capital letter "N" and the registration number is displayed on limited, restricted or light

-sport category aircraft or experimental or provisionally certificated aircraft, the operator must also display on that aircraft near each entrance to the cabin, cockpit, or pilot station, in letters not less than 2 inches nor more than 6 inches high, the words "limited," "restricted," "light

-sport," "experimental," or "provisional," as applicable. Even though the UAS will have no airworthiness certificate, an exemption is needed as the UAS has no entrance to a cabin, cockpit or pilot station on which the word “Experimental” can be placed. Given the size of the UAS, two

- inch lettering will be impossible.
No person may operate a U.S.

- registered civil aircraft ... For which an Airplane or Rotorcraft Flight Manual is not required by §21.5 of this chapter, unless there is available in the aircraft a current approved airplane or Rotorcraft Flight Manual, approved manual material, markings, and placards, or any combination thereof. The UAS, given its size and configuration has no ability or place to carry such a flight manual on the airc raft, not only because there is no pilot on board, but because there is no room or capacity to carry such an item on the aircraft. The equivalent level of safety will be maintained by keeping the flight manual at the ground control point where the pilot f lying the UAS will have immediate access to it. The FAA has issued the following exemptions to this regulation: Exemption Nos. 8607, 8737, 8738, 9299, 9299A, 9565, 9565B, 10167, 10167A, 10602, 32827, and 10700. 14 C.F.R. § 91.103: Preflight action. This regulation requires each pilot in command to take certain actions before flight to insure the safety of flight. As FAA approved rotorcraft flight manuals will not be provided for the aircraft an exemption will be needed. An equivalent level of safety will be provided by the PIC in checking the UAS before each flight for physical condition, calibration of instruments as required by the UAS manual, and ensuring that all flight surfaces and controls are consistent with safe flight. The PIC will take all action s including

# 3D - OPS

3D
- OPS johncarey8899@comcast.net 916
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- 5695 Three Dimensional
- Observation Platform Systems reviewing weather, flight battery requirements, landing and takeoff distances and aircraft performance data before initiation of flight. 14 C.F.R. §91.109: Flight instruction. Section 91.103 provides that no person may operate a civil aircraft (except a manned free balloon) that is being used for flight instruction unless that aircraft has fully functioning dual controls. UASs and remotely piloted aircraft, by their design do not have fully functional dual controls. Flight control is accomplis hed through the use of a control box that communicates with the aircraft via radio communications. The FAA has approved exemptions for flight training without fully functional dual controls for a number of aircraft and for flight instruction in experimenta l aircraft. See Exemption Nos.5778K & 9862A. The equivalent level of safety provided by the fact that neither a pilot nor passengers will be carried in the aircraft and by the size and speed of the aircraft. 14 C.F.R. §91.119: Minimum safe altitudes. Section 91.119 establishes safe altitudes for operation of civil aircraft. Section 91.119 (d) allows helicopters to be operated at less than the minimums prescribed, provided the person operating the helicopter complies with any route or altitudes prescribed for helicopters by the FAA. As this exemption is for a UAS that is a helicopter and the exemption requests authority to operate at altitudes up to 400 AGL, or not more than 200 above an elevated platform from which filming is planned, an exemption may be n eeded to allow such operations. As set forth herein, except for the limited conditions stated in the Manual, the UAS will never operate at higher than 400 AGL. The equivalent level of safety will be achieved given the size, weight, speed of the UAS as wel l as the location where it is operated. Compared to flight operations with aircraft or rotorcraft weighing far more than the maximum 55lbs. proposed herein and the lack of flammable fuel, any risk associated with these operations is far less than those pre sently presented with conventional aircraft operating at or below 500 AGL. In addition, the low

- altitude operations of the UAS will ensure separation between these UAS operations and the operations of conventional aircraft that must comply with Section 91. 119. 14 C.F.R. §91.121 Altimeter Settings. This regulation requires each person operating an aircraft to maintain cruising altitude by reference to an altimeter that is set “...to the elevation of the departure airport or an appropriate altimeter setting availabl e before departure.” As the UAS may not have a barometric altimeter, but instead a GPS altitude read out, an exemption may be needed. An equivalent level of safety will be achieved by the operator, pursuant to the Manual and Safety Check list, confirming t he altitude of the launch site shown on the GPS altitude indicator before flight. 14 C.F.R. § 91.151(a): Fuel Requirements for Flight in VFR Conditions. Section 91.151 (a) prohibits an individual from beginning “a flight in an airplane under VFR conditio ns unless (considering wind and forecast weather conditions) there is enough fuel to fly to the first point of intended landing, and, assuming normal cruising speed

– (1) During the day, to fly after that

# 3D - OPS

3D
- OPS johncarey8899@comcast.net 916
- 742
- 5695 Three Dimensional
- Observation Platform Systems for at least 30 minutes; or (2) At night, to fly after that for at least 45 minutes.” The battery powering the UAS provides approximately 30 minutes of powered flight. To meet the reserve requirement in 14 CFR §91.151, UAS flights wo uld be limited to no more than 2 0 minutes in length. Given the limitations on the UAS’s proposed flight area and the location of its proposed operations within a predetermined area, a longer time frame for flight in daylight or night VFR conditions is not required. Applicant believes that an exemption from 14 CFR §91.151(a) fal ls within the scope of prior exemptions. See Exemption 10673 (allowing Lockheed Martin Corporation to operate without compliance with FAR 91.151 (a)). Operating the UAS with less than 30 minutes of reserve fuel, does not engender the type of risks that Section 91.151(a) was intended to alleviate given the size and speed of the UAS. Additionally, limiting UAS flights to no more than 20 minutes would greatly reduce the utility for which the exemption will be granted. Applicant believes that an equivalent lev el of safety can be achieved by limiting flights to 20 minutes or 25% of battery power whichever occures first. This restriction would be more than adequate to return the UAS to its planned landing zone from anywhere in its limited operating area. Similar exemptions have been granted to other operations, including Exemptions 2689F, 5745, 10673, and 10808. 14 C.F.R. §91.203 (a) and (b): Carrying Civil Aircraft Certification and Registration. The regulation provides in pertinent part: a) Except as provided i n § 91.715, no person may operate a civil aircraft unless it has within it the following: 1) An appropriate and current airworthiness certificate. . . . b) No person may operate a civil aircraft unless the airworthiness certificate required by paragraph (a) of this section or a special flight authorization issued under §91.715 is displayed at the cabin or cockpit entrance so that it is legible to passengers or crew. The UAS fully

- loaded weighs no more than 55 lbs and is operated without an onboard pilot. As su ch, there is no ability or place to carry certification and registration documents or to display them on the UAS. An equivalent level of safety will be achieved by keeping these documents at the ground control point where the pilot flying the UAS will have immediate access to them, to the extent they are applicable to the UAS. The FAA has issued numerous exemptions to this

# 3D - OPS

3D
- OPS johncarey8899@comcast.net 916
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- 5695 Three Dimensional
- Observation Platform Systems regulation. A representative sample of other exceptions includes Exemption Nos. 9565, 9665, 9789, 9789A, 9797, 9797A, 9816A, and 10700. 14 C.F.R. §91.405 (a); 407 (a) (1); 409 (a) (2); 417(a) & (b): Maintenance Inspections. These regulations require that an aircraft operator or owner “shall have that aircraft inspected as prescribed in subpart E of this part and shall between required in spections, except as provided in paragraph (c) of this section, have discrepancies repaired as prescribed in part 43 of this chapter...,” and others shall inspect or maintain the aircraft in compliance with Part 43. Given that these section and Part 43 app ly only to aircraft with an airworthiness certificate, these sections will not apply to the applicant. Maintenance will be accomplished by the operator pursuant to the flight manual. An equivalent level of safety will be achieved because these small UASs a re very limited in size and will carry a small payload and operate only in restricted areas for limited periods of time. If mechanical issues arise the UAS can land immediately and will be operating from no higher than 400 feet AGL. As provided in the Manu al, the operator will ensure that the UAS is in working order prior to initiating flight, perform required maintenance, and keep a log of any maintenance performed. Moreover, the operator is the person most familiar with the aircraft and best suited to mai ntain the aircraft in an airworthy condition to provide the equivalent level of safety. The operation of small UASs, weighing less than 55 lbs., conducted in the strict conditions outlined above, will provide an equivalent level of safety supporting the g rant of the exemptions requested herein, including exempting the applicant from the requirements of Part 21 and allowing commercial operations. These lightweight aircraft operate at slow speeds, close to the ground, as a result, are far safer than conventi onal operations conducted with turbine helicopters operating in close proximity to the ground and people. Satisfaction of the criteria provided in Section 333 of the Reform Act of 2012

-- size, weight, speed, operating capabilities, proximity to airports and populated areas and operation within visual line of sight and national security

– provide more than adequate justification for the grant of the requested exemptions allowing commercial operation of applicant’s UAS for the purposes and under the conditi ons stated above. Sincerely, John Carey Sole Proprietor 3D

- OPS 8800 Creekstone Circle Roseville, CA 95747 Johncarey8899@comcast. net 916

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